SECURITY IN ELDERLY/HANDICAPPED HOUSING DEVELOPMENTS.

Boston Municipal Code ch. IX, art. 9-11

in effect

Boston Municipal Code § 9-11.1 Definitions.

9-11.1 Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING ENTRANCE. An entrance providing access from outside the building or from an entry vestibule to an interior corridor, lobby or stairway which leads to an individual dwelling unit. BUILDING PERMIT. A permit granted by the Inspectional Services Department for the construction of any building or for any substantial alteration or addition thereto, as defined in M.G.L. Chapter 143, Section 1. DWELLING UNIT. The part of a building that is used as a home, residence or sleeping place by one or more persons who maintain a household. ELDERLY PERSON. Any person who is at least 62 years of age. HANDICAPPED PERSON. Any person who is physically handicapped as defined in M.G.L. Chapter 22, Section 13A or mentally handicapped as defined by 29 U.S.C. § 705(20). ELDERLY/HANDICAPPED MULTI-FAMILY HOUSING DEVELOPMENT. Any building, structure, development or complex of ten or more dwelling units under common ownership, rented or offered for rent for dwelling purposes within the city, which is specifically designed or designated for rental by elderly or handicapped persons. LANDLORD. The individual who holds title to any elderly/handicapped multi-family housing development including, without limitation, a partnership, corporation or trust. For purposes of this Section, the rights and duties of the LANDLORD hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the LANDLORD. SAFETY OFFICER. A Police Officer of the city, or a special Police Officer appointed pursuant to applicable law to protect persons or property in public or subsidized housing, or a person employed as a guard or investigator by a duly licensed watch, guard or patrol agency, as defined in M.G.L. Chapter 147, Section 22. SECURITY PLAN. A plan for providing security for the tenants of an elderly/handicapped multi-family housing development, based upon a crime prevention survey, which meets the criteria set forth in Subsection 9-11.3 and which has been developed according to the process set forth in Subsection 9-11.4. TENANT. A tenant, subtenant, lessee, sublessee or other person, entitled under the terms of a rental housing agreement to the use and occupancy of any dwelling unit in an elderly/handicapped multi-family housing development. (CBC 1985 9-11.1; Ord. 1989 c. 4 § 1 [500])

Boston Municipal Code § 9-11.2 Security Requirements for Elderly/Handicapped Multi-Family Housing Developments.

9-11.2 Security Requirements for Elderly/Handicapped Multi-Family Housing Developments. (A) The Commissioner of the Inspectional Services Department shall promulgate regulations, pursuant to his or her authority under M.G.L. Chapter 111, Section 127A, and consistent with the requirements of the commonwealth’s Sanitary Code and this Section. These regulations shall take effect within 90 days of the effective date of this Section, and shall require that every landlord of an elderly/handicapped multi-family housing development, within 30 days of receipt of notice from the Commissioner, either elect to: (1) Provide Safety Officers for such development on a 24 hour per day, seven day per week basis. The Safety Officers’ duties shall include, without limitation, the monitoring of all building entrances in such elderly/handicapped development; or (2) Provide security measures as identified in a security plan which has been developed and approved in compliance with the provisions of Subsections 9-11.3 and 9-11.4. (B) Thereafter, once a landlord has elected to either provide Safety Officers as provided above or to provide a security plan, the landlord shall have the continuing duty to provide such Officers or to provide the security measures identified in the security plan. A landlord may choose, after initially electing one of the above alternatives, to switch to the other with approval of the Inspectional Services Department, but must continue to provide Safety Officers or the security measures mandated by the security plan pending such approval. The landlord’s submission seeking approval for a switch in alternatives must be carried out in accordance with Subsections 9-11.3 and 9-11.4. Failure to continue to provide Safety Officers or the security measures mandated by a security plan shall constitute a violation of this Section and shall be subject to enforcement under Subsection 9-11.6. (C) The Commissioner shall, within 90 days of the effective date of this Section, identify all elderly/handicapped developments within its scope. In identifying these developments, the Commissioner shall consult with the Commissioner for the Elderly. Thereafter, the Commissioner shall notify all landlords of elderly/handicapped developments of the operation of this Section, and of their duty to elect to either provide Safety Officers on a 24-hour basis, or to request a crime prevention survey. Such notices shall be sent out on a phased basis so that, within a 12-month period, all elderly/handicapped developments within the city shall have received such notices. Copies of this Section and the Commissioner’s regulations shall be provided at no cost whenever an applicant seeks a building permit for an elderly/handicapped housing development covered by this Section. (D) If, within 30 days after receipt of a notice under this Subsection or a notice of non-compliance under Subsection 9-1.6 for failure to provide Security Officers or have an approved security plan, a landlord has requested a crime prevention survey by the Boston Police Department, triggering the first stage in the provision of a security plan, the landlord shall be relieved of the responsibility of providing Safety Officers as required above unless and until a security plan has been approved. (CBC 1985 9-11.2; Ord. 1989 c. 4 § 1 [501]) Editor’s note: This Section was adopted by Ordinances of 1989, Chapter 4, on February 8, 1989, and approved by the Mayor on February 27, 1989.

Boston Municipal Code § 9-11.3 Criteria for a Security Plan.

9-11.3 Criteria for a Security Plan. (A) A security plan shall be based upon a crime prevention survey which has been completed by the Boston Police Department, and shall incorporate all of the elements recommended by the crime prevention survey for the adequate protection of the tenants of the elderly/handicapped development, except as otherwise provided in Subsection 9-11.4. Each crime prevention survey shall include both findings as to the security needs of the tenants of the development and recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, Safety Officers, security stations, security systems or other equipment, personnel or programs. Each survey shall also include a one-page summary, on official Boston Police Department stationery, itemizing the elements recommended. (B) A new crime prevention survey must be performed every three years. If a building permit is required by the Inspectional Services Department for substantial structural changes in the building entrances to an elderly/handicapped development before the expiration of the three-year period since a survey was last performed, a new crime prevention survey must be performed upon submission of the building permit application. (C) The landlord shall be responsible for arranging for a crime prevention survey by the Boston Police Department, and shall notify the Commissioner of the Inspectional Services Department in writing at the same time that he or she requests such survey from the Boston Police Department. No fee shall be assessed to the landlord for such survey. The Boston Police Department shall carry out such crime prevention survey and provide a copy of the same to the landlord and the Inspectional Services Department upon completion, as provided for in Subsection 11-1.7 as amended. Such surveys shall be carried out on a phased basis parallel to that of the notices sent under Subsection 9-11.2 by the Commissioner of Inspectional Services. Such surveys shall be completed within 30 days of receipt of the landlord’s request for a crime prevention survey. (CBC 1985 9-11.3; Ord. 1989 c. 4 § 1 [502])

Boston Municipal Code § 9-11.4 Process for Approval of a Security Plan.

9-11.4 Process for Approval of a Security Plan. (A) Approval of security plan incorporating security measures recommended by crime prevention survey. (1) (a) Within 30 days of the receipt of the crime prevention survey, the landlord shall prepare a security plan for approval by the Commissioner of the Inspectional Services Department. Such plan shall be deemed to be in full compliance with this Section provided that: 1. The security plan mandates, at the very least, the provision of the security measures recommended in the crime prevention survey; and 2. The tenants have not articulated security needs which are not adequately addressed by the survey or the plan. (b) If the crime prevention survey indicates that no security measures are needed additional to those already in effect at the development, the security plan shall be deemed to be sufficient so long as the landlord, in such plan, agrees to keep in effect all existing security measures. In all cases, the tenants must be given the opportunity to present their views to the Commissioner of the Inspectional Services Department at a hearing before the plan is accepted. (2) Following the posting of notice to tenants as provided in division (C) below, the landlord shall submit the plan to the Commissioner of the Inspectional Services Department for approval. The Commissioner shall notify all affected parties of the date of the hearing on the plan. Such hearing shall take place within 30 days of the Commissioner’s receipt of the plan, and notice of the hearing date shall be given to all parties at least ten days in advance of the hearing date. Notice of the hearing date shall be given to any tenants organization which exists in the development and shall be posted by the landlord at the development in a conspicuous location. At the hearing, the landlord and the tenants shall be given an opportunity to be heard, to present witnesses or to submit documentary evidence, as to why the security plan should be approved or modified. (3) Following the hearing, the Commissioner shall approve or modify the security plan, consistent with the recommendations of the crime prevention survey and the security needs articulated by tenants. In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with the Boston Police Department, as provided for in Subsection 11-1.7 as amended. The Commissioner’s approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten days of the hearing date. (B) Petition for a modified security plan; approval process. (1) Within 30 days of receipt of the crime prevention survey, if the landlord of an elderly/handicapped multi-family development disputes the need for any of the specific security measures recommended by the crime prevention survey, or the method or the timetable for carrying out security measures, based on the fiscal or contracting constraints that apply to the particular development, or if the landlord and/or tenants of an elderly/handicapped multi-family development believes that the additional security measures mandated by the crime prevention survey are such as to be cost-prohibitive, given the economic circumstances of the tenants of the development and the inability of the landlord and/or the tenants to obtain sufficient funding, equipment or services to cover the costs of such additional measures despite best efforts, as provided for in Subsection 9-11.5, then the landlord and/or tenants can petition the Commissioner of the Inspectional Services Department for permission to submit a modified security plan which does not encompass all of the security measures mandated by the crime prevention survey. Such petition shall be accompanied by a proposed security plan. A landlord may only claim that the elements mandated by the crime prevention survey are cost-prohibitive if the increased costs must be passed along to the tenants of the development and absorbed by the tenants in the tenants’ share of the rent. In all cases under this Subsection, the tenants must be given the opportunity to present their views to the Commissioner of the Inspectional Services Department at a hearing before the petition and plan is accepted. (2) Following the posting of notice as provided in division (C) below, the landlord shall submit the petition for a modified security plan to the Commissioner of the Inspectional Services Department for approval. The Commissioner shall notify all affected parties of the date of the hearing on the petition. Such hearing shall take place within 30 days of the Commissioner’s receipt of the petition, and notice of the hearing date shall be given to all parties at least ten days in advance of the hearing date. Notice of the hearing date shall be given to any tenants organization which exists in the development and shall be posted by the landlord at the development in a conspicuous location. At the hearing, the landlord and the tenants shall be given an opportunity to be heard, to present witnesses or to submit documentary evidence, as to why the petition should be approved or modified. (3) If a landlord submits a petition for a modified security plan, the landlord shall have the burden to show how any of the specific security measures recommended in the crime prevention survey are unnecessary, or, given the fiscal or contracting constraints particular to the development, how changes are needed in the method or timetable for implementation of security measures. In the event that a party claims that the costs of the additional security measures are cost-prohibitive, the landlord shall state what the estimated costs of the security measures are. In such cases, the landlord shall also substantiate his or her current and projected operating expenses and revenues, and shall show what efforts he or she has made to otherwise cover the costs, as provided in Subsection 9-11.5. (4) Following the hearing, if the Commissioner of the Inspectional Services Department finds that: (a) Any of the specific security measures recommended in the crime prevention survey are unnecessary to meet security needs at the particular development; (b) Within the fiscal or contracting constraints that apply to the particular development, the landlord’s proposed plan will provide a reasonable method or timetable for meeting security needs; or (c) The costs required to undertake the improvements mandated by the crime prevention survey as such as to make a security plan cost-prohibitive, the Commissioner shall either approve the petition for a modified security plan or make such modifications to the plan as are necessary. (5) In ruling on a petition where it is claimed that a security plan is cost-prohibitive, the Commissioner shall be guided by the principle, consistent with the security objectives articulated in the crime prevention survey, that the impact on tenants’ rents should be minimized so that the cost of additional security measures will not have the likely effect of displacing elderly/handicapped tenants due to the excessive rent increases. In such cases, the Commissioner shall consider reasonable alternatives to the security measures called for by the crime prevention survey. (6) In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with the Boston Police Department, as provided for in Subsection 11-1.7 as amended. Such approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten days of the hearing date. (C) Tenant participation requirements in conjunction with submission of security plans. (1) The landlord shall post a notice that he or she intends to submit a security plan or a petition for a modified security plan to the Inspectional Services Department in a conspicuous location within the development. This notice shall be in a form established by the Commissioner of the Inspectional Services Department. Such notice shall inform the tenants of the development that they may review and obtain copies of the landlord’s security plan upon request, as well as the materials in support of the plan, and shall also notify them of their right to participate in hearings at the Inspectional Services Department concerning such plan. Such notice shall first be posted at least ten days prior to the submission of the security plan or petition to the Inspectional Services Department under divisions (A) or (B) above. Such notice shall remain posted until such time as the Inspectional Services Department has made its final determination. It shall be deemed a violation of this Section, enforceable under Subsection 9-11.6, for any landlord to fail to post such a notice in a conspicuous location or to intentionally or willfully cause such notice to be defaced, destroyed or removed. If such a notice is defaced, destroyed or removed by a third party, it shall be the landlord’s obligation to immediately post a copy of the original notice. (2) If any tenant requests a copy of the proposed plan, it shall be provided by the landlord to the tenant, together with: (a) A copy of the findings and recommendations of the crime prevention survey (or the official Boston Police Department summary); and (b) If applicable, a summary of the landlord’s reasons for disputing the findings and recommendations of the crime prevention survey, for seeking alterations in the method or timetable for implementation of security measures or for claiming that the additional security measures mandated by the crime prevention survey are cost-prohibitive, including a summary of the financial alternatives that he or she has explored to cover costs. (3) Such notice shall be required, and such documents shall be available upon request, even if the survey and the plan do not recommend additional security measures. (4) In developments that are subject to tenant participation requirements under 760 CMR 6.00, 24 C.F.R. § 245 or other applicable law and where there is a tenants organization, the landlord shall provide a copy of the security plan or petition and the above documents to such tenants organization at least ten days in advance of the submission of the plan or petition to the Inspectional Services Department. If the tenants participating in the organization vote that there are deficiencies in the security plan or petition, the landlord shall be required to meet with the tenants organization, at the tenants organization’s request, to discuss the tenants’ concerns and attempt in good faith to resolve such concerns. The tenants organization shall give written notice to the landlord, within the ten-day period after receipt of the plan and survey, of its desire to have such a meeting. The landlord shall meet with the tenants organization within two weeks of receipt of the tenant organization’s notice. To the extent that such meetings or discussions delay the finalization of the security plan, the landlord shall be permitted to submit the security plan late, but in no event later than 30 days from the date of the tenant meeting. The landlord shall give notice to the Commissioner of the Inspectional Services Department of any requests received for tenant meetings. The Commissioner shall not schedule any hearing on the security plan until after such tenant meetings have taken place, and the 30-day period for the Commissioner to hold a hearing after receipt of a plan shall be extended in such event. Failure of the tenants or the tenants organization to request a meeting with their landlord to discuss the plan shall not be deemed to constitute a waiver of the tenants’ right to approve, oppose or seek modifications in a plan or petition at the hearing before the Commissioner. (CBC 1985 9-11.4; Ord. 1989 c. 4 § 1 [503]; Ord. 2010 c. 12)

Boston Municipal Code § 9-11.5 Protection from Rent Increases.

9-11.5 Protection from Rent Increases. Additional costs incurred by landlords in complying with the requirements of this Section and implementing security measures additional to those already provided or required in such developments shall not be passed on to elderly or handicapped tenants of elderly/handicapped multi-family housing developments unless the landlord has exhausted all reasonable alternatives to the passing on of such costs. In pursuing such alternatives, the landlord of an elderly/handicapped multi-family housing development shall use best efforts to seek and obtain such funding, grants or donations of funds, equipment or services, as may lessen or eliminate such additional costs. Such reasonable alternatives shall also include the seeking of relief from cost-prohibitive security measures as provided for under Subsection 9-11.4(B). The costs incurred in complying with the requirements of this Section and implementing security measures additional to those already provided or required may be considered to be reasonable or necessary operating or capital expenses in any application for additional subsidy or financing from the United States, the commonwealth or any authority created under the laws thereof, as well as under Chapter 34 of the Ordinances of 1984, as amended. (CBC 1985 9-11.5; Ord. 1989 c. 4 § 1 [504]) Editor’s note: Chapter 34 of the Ordinances of 1984 has been codified as Subsections 10-2.1 through 10-2.10 and 10-2.14 through 10-2.23.

Boston Municipal Code § 9-11.6 Enforcement.

9-11.6 Enforcement. The Commissioner of the Inspectional Services Department shall notify the landlord of an elderly/handicapped multi-family housing development in the event the development is found to be in noncompliance with the provisions of this Section and shall order compliance. Said landlord shall have 30 days from the date of notification in which to achieve compliance with the Commissioner’s order. Upon the expiration of the 30-day period, the landlord of a housing development still in violation of the order shall be subject to a fine of $150. Each day’s failure to comply with the order thereafter shall constitute a separate violation of the Commissioner’s order. Orders shall be enforced in a manner similar to that provided for enforcement of orders under Chapter I of the commonwealth’s Sanitary Code, being 105 CMR 410. Tenants and/or tenant organizations of elderly/handicapped multi-family housing developments shall have the right to request investigation by the Commissioner of the Inspectional Services Department if they believe that their landlords have failed to comply with the provisions of Subsection 9-11.1 through Subsection 9-11.5 and shall have the right to request a hearing from the Commissioner in a manner similar to that provided in M.G.L. Chapter 111, Section 127B if the Commissioner fails to respond to a request for investigation, if the Commissioner fails to make findings of non-compliance following an investigation, or if the Commissioner fails to issue orders upon a finding of non-compliance. (CBC 1985 9-11.6; Ord. 1989 c. 4 § 1 [505])

Boston Municipal Code § 9-11.7 Non-Liability of the City.

9-11.7 Non-Liability of the City. The provisions of this Section shall not be construed to establish any duty on the part of the city greater than the city’s general public duty to protect its citizens’ health, safety, security and well-being. No determination by the Commissioner of the Inspectional Services Department or the Boston Police Department as to the adequacy of a landlord’s security measures shall be construed as a warranty or guarantee of such security, and the sole responsibility for insuring that security measures are adequate to protect tenants from foreseeable harm or risk shall rest and remain with the owner of such property. (CBC 1985 9-11.7; Ord. 1989 c. 4 § 3)

Boston Municipal Code § 9-11.8 Severability.

9-11.8 Severability. The provisions of this Section are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions which shall remain in full force and effect. (CBC 1985 9-11.8; Ord. 1989 c. 4 § 4)

Source: City of Boston, Massachusetts, Boston Municipal Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-6196Fetched: 11/8/2026